Last Update: March 12, 2018
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated for any reason.
This Site should be used for informational and illustrative purposes only. Actual medical treatment and results will vary due to health, weight, activity and other human variables and may be affected by additional factors not considered by this Site. Only a medical professional can determine the treatment appropriate for your specific condition. Talk to your physician about what healthcare treatment is right for you and all product, treatment and surgical procedure risks. Company is not a medical professional and does not practice medicine.
As described in more detail below, this Site (including any screening results that may appear thereon) is provided “as-is” without any warranty of any kind, express or implied, and Company specifically disclaims all liability and responsibility for the results or consequences of any actions taken in reliance on information derived from this Site.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Content on this Site that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, articles, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content that appears on this Site.
USE OF THE SITE AND POSTING POLICY
The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials ("User Content"). By using our Site, you agree that you will not post any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, reproduce, and distribute such User Content for the purposes of providing, developing and enhancing our services. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Site.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
REPRESENTATIONS, AND LIMITATIONS OF LIABILITY
Company makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Content will be preserved.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that electronic communications and other submissions over the Internet may not be secure, and you should consider this before sending email communications or any other information using the Site. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THIRD PARTY WEBSITES, APPLICATIONS, AND SERVICES
This Site may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as laboratory screening service providers, social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Site may also allow you to add/configure certain Third-Party Services to your device. Third-Party Services are not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Company is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Maryland without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Bethesda, Maryland.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.©2020 Wellness Corporate Solutions, LLC. All rights reserved.
Last Updated: March 12, 2018
In certain circumstances, our treatment of the personal information we collect may be restricted by HIPAA or other laws.
TYPES OF INFORMATION WE COLLECT
We collect information from you and about you. Here are some examples of the information we may collect:
Contact information. For example, we may collect your name, mailing address, telephone or mobile phone number and email address.
Account information. For example, if you create an account, we will collect your username and password.
Information you post or submit. For example, we will collect information about the appointments you schedule through our Platform. We will also collect information you include in the messages you send to your health coach. We also collect information when you submit a question through the “Contact Us" feature on our site or when you submit survey or promotional responses.
Demographic information. For example, we may collect your gender or date of birth.
Device information. We may collect the type and make of device you use to access our Platform. This may include your device identification number, IP address or mobile operating system. If you use our website, we may collect information about the browser you are using. We might look at what site you came from, or what site you visit when you leave us.
Location Information. For example, we may collect precise location information from your device. We may use GPS to collect this information. This may include information about your exact location when you use our Platform. For more information about your options related to the collection of your location information, see the Choices section below.
HOW WE COLLECT YOUR INFORMATION
We collect your information in different ways. Below are some examples of how we may collect your information.
Directly from you. For example, we collect information when you create an account or participate in a promotion or survey. We may also collect information when you schedule appointments or submit information to your health coach.
Passively. We use common tracking technologies to collect information passively. We collect information about users over time when you use this Platform.
From third parties. We may receive information about you from other sources. This might include the employer that sponsors your benefits plan or other health and wellness companies involved in delivery of your benefits.
By combining information. We may combine information that we collect offline with information we collect online. We may also combine information we collect from you with information we get about you from others.
HOW WE USE YOUR INFORMATION
Examples of how we may use your information include:
To communicate with you. For example, this includes responding to your questions or inquiries. We will also use your information to send you messages about our relationship.
To provide you with our services. This includes fulfilling your requests for our services. This may also include determining your eligibility for our services and coordination of service delivery with other companies involved in delivery of your health and wellness benefits.
To improve our services. We may use your information to make our Platform and services better. This may include improving user experience. We may also use your information to determine your interest in our services.
For promotional purposes. We may provide you with information about current or new services that are available to your through your employer-sponsored health plan or wellness program.
For security purposes. This could include protecting our family of companies and our customers. It may also include protecting our Platform.
As otherwise permitted or required by law or as we may notify you. This includes using your information for our legitimate business needs.
HOW WE SHARE YOUR INFORMATION
We may share your information in the following ways:
Internally. For example, we will share your information with our health coaches and others within our organization for the purposes of providing our services.
With the employer that sponsors your wellness plan or your health plan. For example, we may share whether you signed up for an account, booked an appointment for service, downloaded a voucher or accessed a third party service with the employer that sponsors your wellness plan or with your health plan.
With third parties involved in delivery of your health and wellness benefits. For example, if you book an appointment for services through our Platform, we will share your information with the company providing the services.
With third parties who perform services on our behalf. For example, this may include companies that send emails for us.It may also include companies that run our Platform or manage our client contact information.
With any successor to all or part of our business. For example, if all or part of our business is sold, we may share your personal information with the new owner. This may include as part of an asset sale, corporate reorganization or other change of control.
To comply with the law or to protect ourselves. This includes responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We might share information when we are investigating a potential fraud.
For other reasons we may describe to you.
CHOICES ABOUT YOUR INFORMATION
You have certain choices about how we use your information:
You can opt out of receiving our promotional messages. To stop receiving our promotional messages, you can follow the instructions in any email you receive from us.Note that even if you opt out of our promotional messages, you will still receive transactional email messages from us. These include appointment confirmation and reminder messages, secure message notifications or responses to your inquiries.
You can control tools on your mobile devices. For example, you can turn off the GPS locator on your smartphone.
You can control cookies and certain tracking tools. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
Our Do Not Track Policy: Some browsers have "do not track" features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
Options you select are browser and device specific.
OUR PLATFORM AND CHILDREN
Our platform is meant for adults.We do not knowingly collect personally identifiable information from children under 13.If you are a parent or legal guardian and think your child under 13 has provided us with information, please contact us at firstname.lastname@example.org. You can also write to us at the address listed at the end of this Policy. Please mark your inquiries "COPPA Information Request." Parents, you can learn more about how to protect children's privacy on-line here.
The Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. We encourage you to use caution when using the Internet. We use reasonable means to safeguard personal information under our control.
STORAGE OF INFORMATION
Information we maintain may be stored in the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This site is subject to U.S.laws, which may not provide the same level of protections as those in your own country.
THIRD PARTY SITES
Our Platform may contain links to other third party sites that are not governed by this Policy. If you click on a link to a third party site, you will be taken to a site we do not control. We are not responsible for the privacy practices used by third party sites. We suggest that you read the privacy policies of those sites carefully. We are not responsible for these third party sites.
HOW TO CONTACT US
If you have any questions, comments or concerns with respect to our privacy practices or this Policy, please feel free to contact us at email@example.com or by telephone at 1-877-469-5411. You may also write to us at the following address:Wellness Corporate Solution
Attn: Jared Rice, Chief Privacy and Security Officer
7617 Arlington Road
Bethesda, MD 20814
From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Platform. Please check our Platform periodically for updates.©2020 Wellness Corporate Solutions, LLC. All rights reserved.